License processing clocks and escalation

← All Insights

1. The 90-day clock and its exclusions

Under the Export Administration Regulations (EAR), license applications are resolved or referred to the President within 90 calendar days of registration by the Bureau of Industry and Security (BIS) (15 CFR 750.4(a)(1)). Several actions do not count toward that period (15 CFR 750.4(b)). The first is an applicant’s agreement to a delay (15 CFR 750.4(b)(1)). BIS may ask for more information, answers to questions or acceptance of proposed conditions or riders. After an intent to deny letter, processing may be suspended to negotiate modifications and get the foreign parties’ agreement to them.

2. Pre-license checks

BIS conducts pre-license checks to establish the identity and reliability of the recipient of licensed items and to substantiate the representations in the application (15 CFR 750.4(b)(2)). The results count toward the outcome. So does the government’s inability to conduct a check because of the end user’s or host government’s actions.

The time for a check is excluded from processing time only if it is conducted through government channels, and the request is made within 5 days of deciding a check is needed. The resulting analysis must also be completed and reported to licensing officials within 5 days.

3. Assurances, consultations and multilateral review

Requests for government-to-government assurances of suitable end-use are excluded where failing to get them would mean rejecting the application (15 CFR 750.4(b)(3)). Three time limits apply. The request goes to the Secretary of State within five days of deciding assurances are needed. The Secretary starts the request to the other government within 10 days. And the license is issued within 5 days of the Secretary receiving the assurances.

Consultations with other governments are excluded where a bilateral arrangement or multilateral regime makes them a precondition for approval (15 CFR 750.4(b)(4)). So is a multilateral review that the relevant regime requires (15 CFR 750.4(b)(5)).

4. Congressional notification for terrorist-supporting countries

Under section 6(j) of the Export Administration Act, the Secretaries of Commerce and State notify the appropriate congressional committees 30 days before issuing a license to a country designated as terrorist-supporting (15 CFR 750.4(b)(6)). The notice covers items that could make a significant contribution to the military potential of such a country or enhance its ability to support international terrorism. Those licenses are delayed for 30 days. The rule lists Iran, North Korea and Syria as designated countries (15 CFR 750.4(b)(6)(i)).

The requirement covers exports or reexports to military, police, intelligence or other sensitive end-users of items controlled for national security, chemical and biological weapons, missile technology or nuclear nonproliferation reasons (15 CFR 750.4(b)(6)(ii)). It also covers Commerce Control List items whose entry heading identifies them as Wassenaar Arrangement Munitions List items. Notice is also required for any listed item to a designated country if the Secretary of State finds it could make that kind of contribution (15 CFR 750.4(b)(6)(iii)).

5. Other excluded steps

Congressional notification under a separate EAR section, including any consultations before it, is also excluded (15 CFR 750.4(b)(7)). Satellites for launch carry their own steps (15 CFR 750.4(b)(8)). The applicant must obtain Defense Department approval of a technology transfer control plan and National Security Agency approval of an encryption technology transfer control plan. It must also arrange Defense monitoring of all launch activities (15 CFR 750.4(b)(8)). Time for those steps is not counted.

6. Escalation to the Operating Committee

Where reviewing agencies disagree on final disposition, the application goes to the Operating Committee for resolution (15 CFR 750.4(f)(1)(i)). The Chair considers the agencies’ recommendations and any information the applicant provides in person at an open session. Each agency learns of the Chair’s decision within 14 days after the deadline for agency recommendations. An agency that disagrees may appeal to the Chair of the Advisory Committee on Export Policy (15 CFR 750.4(f)(1)(ii)). If no appeal is made within 5 days, the Chair’s decision is final.

7. The Advisory Committee and the Review Board

An appeal to the Advisory Committee on Export Policy must be in writing from a presidentially appointed, Senate-confirmed official, or someone properly acting in that capacity, citing the statutory and regulatory basis (15 CFR 750.4(f)(2)). The Committee reviews all relevant information. Its Chair tells the agencies of the majority vote decision within 11 days of receiving the request.

Within 5 days, a dissenting agency may appeal in writing to the Secretary of Commerce as Chair of the Export Administration Review Board, through its agency head and citing the legal basis. In the same period, the Secretary may call a meeting on a license application on the Secretary’s own initiative. Without a timely appeal, the Committee’s decision is final.

The Review Board considers all relevant information and recommendations and other appropriate export control matters (15 CFR 750.4(f)(3)). The Secretary informs the agencies of its majority vote decision within 11 days of receiving the appeal. Within 5 days, a dissenting agency head may appeal to the President in writing. Without a timely appeal, the Board’s decision is final. The first stages of review are covered in how BIS reviews license applications.

8. The timeline in sequence

Laid end to end, the counted steps run as follows. BIS has 9 days from registration for its initial action, including any referral (15 CFR 750.4(c)). Reviewing agencies flag missing information within 10 days of the referral and give their recommendation within 30 days (15 CFR 750.4(d)(1) and 15 CFR 750.4(d)(2)). If they disagree, the Operating Committee Chair decides within 14 days after the recommendation deadline (15 CFR 750.4(f)(1)(i)).

Each later level has a 5-day window to appeal and an 11-day window for the next decision, first at the Advisory Committee and then at the Review Board (15 CFR 750.4(f)(2) and 15 CFR 750.4(f)(3)). Throughout, the overall rule remains resolution or referral to the President within 90 days, with the excluded periods left out of the count (15 CFR 750.4(a)(1)).

Key terms

Pre-license check	A check on the recipient’s identity and reliability.
Government-to-government assurances	End-use assurances obtained through the State Department.
Section 6(j) notification	The 30-day congressional notice for terrorist-supporting countries.
Operating Committee	The first level of interagency dispute resolution.
Export Administration Review Board	The board chaired by the Secretary of Commerce, before an appeal to the President.

Every statement above links to the document behind it. The full source list for this piece is on the sources page.

This page describes public United States government programs for general information. It is not legal, regulatory or procurement advice, and it does not address the facts of any particular case.

How Sentfore supports this

Understanding the clock helps plan deliveries. Sentfore works at the delivery end of defense programs in difficult environments, providing secure movement, protective security, facilities and life support. Requirements can be sent through the contact page.